Carnival holiday approaching and a warning lights up in companies that do not stop during this time, the famous medical certificate, which is common in many companies with the arrival of long holidays such as Carnival, Christmas, and New Year. This trend has raised concerns about the possibility of fraud and its impact on organizational productivity.
Recently, a case drew attention at the Superior Labor Court (TST). A metalworker was dismissed for just cause after presenting 18 medical certificates, each lasting two days, always coinciding with the days before holidays. The documents were issued by a doctor who was under investigation for fraud. The 3rd Panel of the TST upheld the decision that validated the dismissal, highlighting the irregularity of the presented certificates.
The labor law specialist lawyer, Eduardo Calixto, emphasizes that presenting false medical certificates is a practice that undermines the necessary trust in the employment relationship and can justify dismissal for just cause. The specialist points out that companies should be attentive to suspicious patterns, such as the frequency of medical certificates on dates preceding holidays, but not limited to these festive periods.
“It is essential that the human resources department implements clear policies for verifying certificates and, when necessary, carries out investigations to confirm the authenticity of the documents presented”, advises the lawyer.
Furthermore, Calixto emphasizes the importance of awareness programs for employees regarding the legal and professional consequences of submitting false certificates. "Information and transparency are essential tools to prevent this type of conduct and to maintain a healthy and trustworthy work environment."
Videos teach how to obtain certificates
Recently, a video went viral on the internet where a makeup artist taught an unusual trick to get a medical certificate without being sick. In the video, she demonstrates how to create fake wounds using only makeup, simulating a severe infection on the hand.
With skill, she uses shadows, foundation, and other products to create a realistic "perebas" effect on the skin. The result is impressive and can easily deceive those who do not look closely. According to her, the technique was tested in a consultation, where she obtained a certificate without difficulties.
The lawyer warns that if it is proven that the certificate is false, in addition to labor sanctions, the worker may be held criminally liable.
“In addition to the labor repercussions, the employee may face criminal sanctions. The Brazilian Penal Code, in its article 297, classifies the falsification of public documents, including medical certificates, as a crime, with penalties ranging from two to six years in prison, in addition to a fine, showing the seriousness of the situation”, he concludes.
